Southern Railway Co. v. Mayor of Florence
Supreme Court of Alabama
Appeal from tlm Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. This is an action brought by the appellant, the Southern Railway Company, against the appellee, the Mayor and Aldermen of the City of Florence, to recover the sum of one hundred dollars paid by plaintiff to defendant, under an ordinance passed by appellee, fixing that amount as license for each bridge crossing the Tennessee River, any portion of which is within the corporate limits of Florence.
Read the full summary
Appeal from tlm Circuit Court of Lauderdale. Tried before the Hon. E. B. Almon. This is an action brought by the appellant, the Southern Railway Company, against the appellee, the Mayor and Aldermen of the City of Florence, to recover the sum of one hundred dollars paid by plaintiff to defendant, under an ordinance passed by appellee, fixing that amount as license for each bridge crossing the Tennessee River, any portion of which is within the corporate limits of Florence. The second count, of the complaint alleged that said sum was paid under protest “that plaintiff had been notified by the…
1Opinion of the Court
TYSON, J.-
This action was brought tO' .rcover bach money paid by plaintiff to defendant for a license to operate a toll bridge as required by an ordinance, because illegally collected.
Plaintiff bases its right of recovery upon the proposition that the ordinance under which the exaction was made and the money paid was and is void; and upon, the further proposition that because' only a portion of the bridge operated by it was within the city limits, therefore the action was illegal.
Tt is clear from this statement that plaintiff predicates his right of recovery upon a mistake of law. It is not…
2Cases cited2 opinions
- Town Council of Cahaba v. BurnettSupreme Court of Alabama · 1859
- Buchanan v. SahleinMissouri Court of Appeals · 1881
3Cited by10 opinions
- Mt. Airy Ins. Co. v. Doe Law FirmSupreme Court of Alabama · 1995
- Mallory v. Royston BankSupreme Court of Georgia · 1911
- Rice v. Tuscaloosa CountySupreme Court of Alabama · 1941
- Singer Sewing Machine Co. v. TeasleySupreme Court of Alabama · 1916
- Johnson v. Crook CountyOregon Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.